The difference between a robbery and a burglary depends on the circumstance. In a robbery, a person is typically present when the offender is taking the property away from them by force or fear. Whereas with burglary, the offender is stealing property in a residence while the owner is not home. However, a burglary can also involve the presence of a person. The offender, in this case, is not technically stealing from a person’s hand, but it just so happens that a person is present in the home. A robbery is treated a bit more harshly than burglary because of a person’s presence. There is an added danger when someone is present while a robbery is taking place.
It’s much scarier to a person when the robber is present, and the owner is witnessing the robber in action versus no one being home during the crime. Both are violative to a person, but a robbery is usually a much more serious crime.
There are degrees of burglary. A first-degree burglary involves residences, while a second-degree burglary involves theft from a store.
A Robbery is usually one degree. However, a more severe robbery such as home invasion carries is criminally more significant. A home invasion robbery can involve the owners being tied up and injured while their home is being robbed. The prosecutor in a robbery case is going to take all factors into account when deciding the type of applicable sentence for the defendant.
For instance, if the offender hurt someone with a gun, stabbed them, or performed some other violent activity, during a robbery, the prosecutors can argue that the robber deserves six years because they were violent and hurt the victim or victims. Any injury can exacerbate the crime and make it more serious. The more violent a robbery, the stronger the argument can be for the prosecutor to send the offender to prison and grant a longer sentence.
What Are The Potential Penalties For Robbery And Burglary Convictions In California?
Potential penalties for a robbery or burglary convictions in California can be determined based on whether a person used a weapon. If a person used a weapon to commit a robbery, they’re going to be looking at a ten-year enhancement. The ten-year enhancement for the use of a weapon is additional to the robbery sentence which can be two years for a low term. The minimum a person can be facing would be 12 years, two years for the robbery plus another ten for the use of a weapon. If the offense is more serious, the punishment is going to be higher. Burglaries don’t usually identify a weapon because there often isn’t anyone else present during the burglary to establish the use of a weapon.
The prosecutors and the judges are going to look at the impact caused to the victim in the robbery or the burglary. They’re going to look at what the offender did, how much value they got away with, and their criminal record.
If a person goes in with a gun and steals jewelry from two separate people, that person can be hit with two separate robbery charges, and if they got convicted, they would have two strikes on their record moving forward. These examples can give an idea of just how serious these particular crimes are viewed.
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